Wage garnishment is a legal procedure that allows creditors to take money directly from an employee’s wages. It is usually used to pay unpaid child support, taxes, or creditor debt. Employers must comply with wage garnishment requests and begin withholding and returning payments as soon as they receive the order. The employer must also notify the employee of the set.
Submit an enforcement order
Understanding wage garnishment procedures is essential. After a creditor obtains a judgment against you in court, they can work through your employer to collect the fine. The court will send you and your employer a wage garnishment “writ” telling you to withhold a certain percentage of your wages and then send it to the creditor until the debt is paid. You may be fined if your employer does not comply with the order.
The written order also usually states a completion date, but your creditor may still be allowed to keep the funds for the balance of the debt after that date. You will likely receive instructions on how to respond to the letter, depending on the type of garnishment. For example, if a creditor is trying to collect on your taxes, you’ll usually receive notices asking you to pay the debt or file an objection. If you object, the court will usually set a hearing date to protect your wages.
At the hearing, you must state your reasons for challenging the order and show that you will suffer financial hardship if the punishment continues. Generally, you cannot be released for a single prison sentence, and some states offer additional protections. You should consult an attorney for more information about your specific situation.
It serves the debtor
After the court clerk or judge approves the petition, it is served on the debtor’s employer by certified mail, limited delivery, private process, or by sheriff/constable. The amount of money that can be collected is based on the employee’s disposable earnings, which is the portion of income that remains after statutory deductions (such as federal and state taxes, workers’ compensation insurance, social security payments, withholdings for employee retirement systems, etc. ).
Wages are often subject to penalties for a variety of reasons, including unpaid credit cards, overdue medical bills, and even student loan payments. However, debtors have legal rights that protect them from being overcharged and can negotiate payment plans or work out other ways to settle their outstanding debts with creditors.
Business owners must have a payroll deduction process in place to comply with local, state and federal laws. Refrain from ignoring these rules to avoid significant liability, which can result in expensive fines.
Submit a response to the enforcement decision
Garnishment is when part of an employee’s salary is taken to settle an unpaid debt. Usually, this process lasts only until the debt is paid in full or until the amount withheld reaches a certain threshold.
Fortunately, there are several legal protections to prevent this from happening for too long or at all. Creditors must first obtain a court judgment to collect a debtor’s wages, and each state offers different exemptions that limit the amount that can be taken. For example, many states only allow the garnishment of a certain percentage of an employee’s earnings and exclude certain types of income such as Social Security, disability, pension, alimony, or alimony.
If the debtor objects to the garnishment, he must file an answer with the sheriff’s office in the county where the employer is located. Within 15 days of the end of each repayment period, the creditor must notify the employee and employer of the amount withheld and provide a detailed statement of how the payment was applied to the debt.
Submit a garnishment rejection request
If the debtor believes that the ban is wrong, he can submit a request for defense or objection. This is usually done within 30 days of the date of the letter. A debtor’s disposable earnings may be collected based on wages remaining after statutory deductions (including federal, state, local and withholding taxes) have been deducted.
In addition, deductions for health and life insurance, voluntary wage distributions, union dues, and charitable contributions cannot be deducted from disposable income. Debtors who want to stop foreclosure should work with the creditor to determine a repayment plan. For example, if the set is for medical bills, the billing office at the doctor’s office might be willing to negotiate a no-interest or low-interest payment plan.
Moreover, some states offer additional protections against deprivation of liberty, such as the possibility of seeking exemptions. If the debtor cannot stop the foreclosure, filing for bankruptcy can help. In bankruptcy, the debtor can keep all his income.
Schedule a hearing
After the court issues a garnishment, it usually sends a notice to your employer or bank telling them to start shaving a percentage of your wages. You have five to 30 days to file a written objection to the court. This is especially important if you have a reason to dispute, such as claiming that some or all of your wages are exempt under state or federal law.
If you file a timely objection, the court will schedule a hearing to hear your reasons for contesting the seizure. You cannot discuss the validity of the debt at this hearing. Your only focus is to argue that you have grounds to seek relief from the seizure or other legal grounds to challenge it.
Often, your creditor will work with you to negotiate a payment plan if it is clear that foreclosure would cause you financial hardship. This is especially common when the set is related to taxes. The IRS also allows you to request a hearing to challenge your tax assessment based on financial hardship.
